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Terms of Use ---------------- By participating (reading, writing, or merely
browsing) on NextStopOnline.com and HTJournal.com, YOU ARE AGREEING TO
THE TERMS OF USE BELOW referred to as “Terms of Use” and/or “Terms
and Conditions.” These rules and guidelines are here to protect you
(and others) and to ensure that NextStopOnline.com and The Hometown
Journal network of sites are safe and fun for everybody. By agreeing to
these terms, you are taking responsibility for your own actions. There are two parts to the Terms of Use.
Part 1 addresses the non-commercial uses of The Service.
Part 2 addresses the commercial uses of The Service. Part 1: NextStopOnline.com and The Hometown Journal network
of sites are provided free of charge to you under these Terms of Use by
Digital Creek Studios, L.L.C. DBA NextStopOnline.com, The Hometown
Journal, Breaktime Publications, The Village Shoppes and Explore!. Many
portions of NextStopOnline.com and The Hometown Journal network of sites
are open for anyone to view, read, or download. There are, however, some
areas where a free membership is required for entrance. You are
responsible for your own actions, words, and statements while you are
connected to NextStopOnline.com and The Hometown Journal network of
sites. By logging in to NextStopOnline.com and The
Hometown Journal network of sites as a visitor and by simply reading,
writing or merely browsing OR as a member by completing the registration
process, or selecting the "login" option, you are indicating
your agreement to be bound by the terms of use and these terms may be
modified periodically. NextStopOnline.com and The Hometown Journal network
of sites are not the publisher or author for any of the works posted by
the Contributing Editors or members. NextStopOnline.com com and The
Hometown Journal network of sites does not screen any work for content;
however, there is an editorial staff that reads the articles and edits
them for grammatical and typographical errors. Questionable content may
be brought up with the Contributing Editor and he/she may be asked to
change the content so that it may not offend any of the readers. NextStopOnline.com and The Hometown Journal network
of sites cannot guarantee security, but reasonable steps are taken in an
effort to maintain security on the system. Please see our Privacy
Policy. If you feel security has been breached, please bring up your
concerns with a NextStopOnline.com or The Hometown Journal network of
sites staff member. If NextStopOnline.com or The Hometown Journal
network of sites suspects that an account may be in use by someone who
is not authorized by the account holder, NextStopOnline.com or The
Hometown Journal network of sites may temporarily disable that account.
If such a case arises, the member will be contacted as soon as possible.
NextStopOnline.com and The Hometown Journal network of sites reserve the
right to refuse service to anyone and to cancel an account at any time. You are legally and ethically responsible for your
work -- writings, files, pictures, or any other work -- that you post or
transmit using any of NextStopOnline.com's and/or
The Hometown Journal network of sites’ services including, but
not limited to: email, conferencing, the World Wide Web, USENET, or any
other service that allows interaction or dissemination of information.
In posting works on NextStopOnline.com and/or The Hometown Journal
network of sites, you are responsible for honoring the rights of others,
including intellectual-property rights (copyright, patent, and
trademark), the right to privacy, the right not to be libeled or
slandered. For example, if you wish to post a copyrighted work on
NextStopOnline.com and/or The Hometown Journal network of sites, you are
responsible for obtaining the copyright holder's permission first. In posting a work via any service offered by
NextStopOnline.com and The Hometown Journal network of sites, you
authorize other members (who have access to that service) to make
personal and customary use of the work, including creating links to your
work or reposting it among conference areas to which the author has
access, but not otherwise to reproduce or disseminate it unless
permission has been given. You also give permission to
NextStopOnline.com and The Hometown Journal network of sites to copy
your works as part of the normal backup process, and to conference hosts
to archive topics containing your works. NextStopOnline.com and The
Hometown Journal network of sites become the owner of all electronic
data via posted articles, discussions, etc. and does not allow
reproduction of this work unless specifically granted to an individual
or organization for a one time use, and NextStopOnline.com and The
Hometown Journal network of sites is cited as the owner. You alone are responsible for the content of your
messages, and the consequences of any such messages. NextStopOnline.com
and The Hometown Journal network of sites reserves the right to
terminate your registration if you are violating any of the following
guidelines. Any use by you of any other subscriber's
information, personal or otherwise, for any commercial purpose or to
obtain direct financial gain (e.g. mass marketing) is prohibited. Any
such use shall be deemed to be a violation of these Terms of Use. NextStopOnline.com and The Hometown Journal network
of sites is to be used by you for your personal use only. Commercial
uses of NextStopOnline.com and The Hometown Journal network of sites are
strictly prohibited unless prior written consent from NextStopOnline.com
has been granted. You agree that you will not use any service of
NextStopOnline.com and The Hometown Journal network of sites for chain
letters, junk mail, "spamming", solicitations (commercial or
non-commercial) or bulk communications of any kind including but not
limited to distribution lists to any person who has not given specific
permission to be included in such a list. You further agree not to use NextStopOnline.com and
The Hometown Journal network of sites to send or post on message boards,
any message(s) or material that is unlawful, harassing, libelous,
defamatory, abusive, threatening, harmful, vulgar, obscene, profane,
sexually oriented, threatening, racially offensive, inaccurate, or
otherwise objectionable material of any kind or nature or that
encourages conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state,
national or international law or regulation, or encourage the use of
controlled substances. NextStopOnline.com and The Hometown Journal
network of sites reserves the right to delete any such material from
NextStopOnline.com and/or The Hometown Journal network of sites. You agree not to impersonate any other person or
entity, whether actual or fictitious, including impersonating an
employee of NextStopOnline.com or Digital Creek Studios, L.L.C. or
Breaktime Publications or any of our Associate Publishers or Affiliates
or The Hometown Journal or Explore! or The Village Shoppes. You further
agree not to use an inappropriate user name of any kind. If you do
happen to choose an alias that a person, group, or organization deems
inappropriate, you will be asked to consider changing it. If you feel
that it has no inappropriate connotations, then a NextStopOnline.com and
The Hometown Journal network of sites staff member will review both
parties' cases and make a judgement. You agree not to post or use NextStopOnline.com and
The Hometown Journal network of sites to distribute or send any illegal
material of any kind, including but not limited to, illegal material in
the form of text, graphics, video, programs or audio. Posting content or
participating in any form of discussion with the intention to commit any
illegal activity is strictly prohibited. You may not use
NextStopOnline.com and The Hometown Journal network of sites as file
storage. By submitting content to any "public
area" of NextStopOnline.com and/or The Hometown Journal network of
sites, including, but not limited to: message boards, forums, contests
and chat rooms, you grant NextStopOnline.com, Digital Creek Studios,
L.L.C., Breaktime Publications, any of our Associate Publishers, and our
affiliates the royalty-free, perpetual, irrevocable, and non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content
(in whole or in part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed. You also
warrant that the holder of any Rights, including moral rights in such
content, has completely and effectively waived all such rights and
validly and irrevocably granted to you the right to grant the license
stated above. You also permit any subscriber to access, display, view,
store and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on NextStopOnline.com and
The Hometown Journal network of sites retains any and all rights that
may exist in such content. NextStopOnline.com and The Hometown Journal network
of sites are not responsible for any material and/or data obtained
through downloading or other means, which may be responsible for any
damage to your computer system, data, or any personal objects. NextStopOnline.com and The Hometown Journal network
of sites cannot and does not guarantee the accuracy or completeness of
any information provided on the site by NextStopOnline.com staff, The
Hometown Journal staff, Explore! staff, Contributing Editors, or
members. No individual staff member, Contributing Editor, Associate
Publisher, Affiliate or member can be held responsible for information
provided which may be the direct or indirect cause of loss or damage to
any personal property, data, or results in mental or physical harm. NextStopOnline.com and The Hometown Journal network
of sites are not responsible for the content or links to the content of
the Internet, World Wide Web, FTP sites, USENET, or any other service
that is outside of the NextStopOnline.com and/or The Hometown Journal
network of sites web site. NextStopOnline.com and The Hometown Journal
network of sites takes no responsibility for the quality, suitability,
functionality, or legality of any site which may be linked to or from
NextStopOnline.com or The Hometown Journal network of sites. NextStopOnline.com and The Hometown Journal network
of sites permits members to post ads and take no responsibility in the
accuracy of the content or suitability of these. NextStopOnline.com and The Hometown Journal network
of sites encourages members to engage one another in debates, but does
not condone personal attacks on members. Ideas can be disputed or
challenged, but attacks on a personal level are unacceptable and if they
are brought to the attention of the staff, will be dealt with
accordingly. Ideas can be attacked, but individuals cannot. In the event that NextStopOnline.com and/or The
Hometown Journal network of sites determines that you have breached any
portion of these Terms of Use, or have otherwise demonstrated conduct
inappropriate for the community of NextStopOnline.com and/or The
Hometown Journal network of sites, NextStopOnline.com and The Hometown
Journal network of sites reserves the right to: (i) warn you via email
that you have violated these Terms of Use; (ii) delete any content
provided by you or your agent(s); (iii) delete all content provided by
you to NextStopOnline.com and/or The Hometown Journal network of sites;
(iv) revoke your membership to NextStopOnline.com and/or The Hometown
Journal network of sites and/or any other future NextStopOnline.com
online community; (v) take any other action which NextStopOnline.com or
Digital Creek Studios, L.L.C. or Breaktime Publications or The Hometown
Journal or any of our Associate Publishers, deems necessary and
appropriate. Part 2: DESCRIPTION OF COMMERCIAL MARKETING SERVICE The Service is providing its Commercial Members
(also referred to as “The Alliance” in marketing material both
online and offline) with a capability to network and promote each other
through advertising and written content via the World Wide Web and on
The Service's own system known as NextStopOnline.com and HTJounal.com.
There is no charge to the Member for the basic version of this Service
within the section of the site referred to as the Directory and the
NetSearch Search Engine. However, you must (1) provide all equipment,
including a computer and modem, necessary to establish a connection to
the World Wide Web and (2) obtain access to the World Wide Web and pay
any telephone service fees and/or connection fees associated with such
access and (3) pay any additional fees for upgrade versions of the
Service, such as advertising and promotional articles where noted as
requiring payment. MEMBER OBLIGATIONS In consideration for this Service, you agree to
provide certain information about yourself as prompted to do so by the
Service, and update this information as necessary to keep it current,
complete and accurate. All information requested on original sign up
shall be referred to as registration data ("Registration
Data"). Furthermore, you are granting The Service the right to
disclose to third parties certain information about you; however, such
disclosures will exclude Member's name, mailing address, account and
phone number, unless you expressly direct The Service to disclose such
information or The Service is required to disclose such information by
operation of law or to comply with legal process served on The Service.
If any information provided by you is inaccurate, The Service retains
the right to terminate your membership and all associated rights to the
Service. MODIFICATIONS TO TERMS OF SERVICE The Service may change the Terms and Conditions of
service from time to time. It is your responsibility to check this
document periodically for any changes or modifications as there will be
no individual notices to Members regarding such changes or
modifications. Your continued use of the Service constitutes an
affirmative acknowledgment by you of the Terms and Conditions and any
subsequent modifications made to them and your agreement to abide and be
bound by them. MODIFICATIONS TO THE SERVICE The Service reserves the right to modify or
discontinue the Service with or without notice to its Members. The
Service shall not be liable to Member or any third party should they
exercise their right to modify or discontinue the Service. PRIVACY POLICY It is The Service's policy to respect the privacy
of its Members. Therefore, in addition to the privacy of registration
data The Service will not monitor, edit, or disclose the contents of its
Members' private communications unless required to do so by law or in
the good faith belief that such action is necessary to conform to the
edicts of the law or comply with legal process served on The Service or
to protect and defend the rights or property of The Service. As a
Member, you acknowledge and agree that The Service neither endorses the
contents of any Member communications nor assumes responsibility for any
threatening, libelous, obscene, harassing or offensive material
contained therein, any infringement of third party intellectual property
rights arising there from or any crime facilitated thereby. As a Member you acknowledge and understand that
certain technical processing of email messages and their content may be
required to send and receive messages; conform to connecting networks'
technical requirements; conform to the limitations of the Service; or
conform to other similar requirements. MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you become a member of the Service, you will
receive a password and an account. You, alone, are responsible for
maintaining the confidentiality of your password. Furthermore, you are
entirely responsible for any and all activities which occur under your
account. You must immediately notify The Service of any unauthorized use
of your account or any other breach of security known to you. You may
change your password at any time by following instructions provided. You
may also set up a new account and close an old one at your convenience. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE
OF THE SERVICE IS AT MEMBER'S SOLE RISK AND THAT THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL
MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. THE SERVICE MAKES NO GUARANTEES AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS AT MEMBER'S OWN RISK AND MEMBER IS SOLELY RESPONSIBLE FOR ANY
DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE SERVICE MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY MEMBER FROM THE SERVICE OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU. LIMITATION OF LIABILITY THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. THE SERVICE SHALL NOT BE HELD RESPONSIBLE FOR ANY
MESSAGES RECEIVED BY MEMBER, REGARDLESS OF THEIR CONTENT. NO RESALE OR COMMERCIAL USE OF THE SERVICE Your right to use the Service is personal to you.
Therefore, a Member may only be an individual, not a corporation or
other business entity. You may not resell or make any commercial use of
the Service, without the express written permission of The Service. CONTENT STORAGE AND OTHER LIMITATIONS The Service assumes no responsibility for the
deletion or failure to store Member’s content. The Service has set no
fixed upper limit on the amount of content you may post through the
Service; however, The Service retains the right, at its sole discretion,
to determine whether or not a Member's conduct is consistent with the
letter and spirit of the Terms and Conditions of this service. The
Service may terminate Service if a Member's conduct is found to be
inconsistent with the intent of this agreement. MEMBER CONDUCT You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Therefore, you agree: (1) to comply with all applicable United States laws regarding the transmission of technical data exported from the U.S. through the Service; (2) that you shall not use the Service for illegal purposes; (3) that you shall not interfere or disrupt networks connected to the Service; and (4) that you shall comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and
receive certain messages; therefore, your conduct is subject to Internet
regulations, policies and procedures. Members may not use the Service to
send chain letters, junk mail or spam (unsolicited bulk e-mail) or to
communicate with any person who has not given specific permission to be
included in such communications. In addition, you may not transmit
through the Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. You further agree not to transmit any
material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation.
Attempts to gain unauthorized access to other computer systems are
prohibited. Members may not interfere with another Member's use and
enjoyment of the Service or another entity's use and enjoyment of
similar services. The Service may, at its sole discretion,
immediately terminate Service should Member's conduct fail to conform
with these Terms and Conditions. The Service reserves the right to
terminate any inactive account. INDEMNIFICATION You agree to indemnify and hold The Service, its
officers, directors, employees, subsidiaries, affiliates, successors and
assigns, harmless from any third party claim or demand, including
reasonable attorneys' fees, made in connection with or arising out of
your use of the Service, your violation of the Terms and Conditions, or
the infringement by you, or other users of the Service using your
membership, of any intellectual property, right of privacy or publicity,
or other right of any person or entity. TERMINATION/CANCELLATION The Service may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice. The Service shall not be liable to you or any third party for termination of Service. Should Member object to any terms and conditions of
this service or any subsequent modifications thereto or become
dissatisfied with the Service in any way, your sole and exclusive
recourse is to immediately discontinue your use of the Service; cancel
your membership; and notify The Service of your cancellation. Upon termination of the Service, your right to use
the Service and Software immediately ceases and you shall have no right
and The Service shall have no obligation thereafter to forward any
unread or unsent messages to Member or any third party. NOTICE Except as otherwise indicated herein, all notices
to you from The Service or from you to The Service shall be in writing
and shall be made via email or conventional mail. The Service may post
notices or messages through the Service to inform Members of changes to
the Service, or the Terms and Conditions of service, or other matters of
importance; such postings shall constitute sufficient written notice to
Member. PARTICIPATION IN PROMOTIONS OF ADVERTISERS You may enter into correspondence with or
participate in promotions of the Advertisers marketing their products on
the Service. Any such correspondence or promotions, including the
delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such
correspondence or promotions, are solely between the corresponding
Member and the Advertiser. The Service assumes no liability, obligation
or responsibility for any part of any such correspondence or promotion. PROPRIETARY RIGHTS TO CONTENT Members acknowledge that content, including but not
limited to text, photographs, video, graphics, software, music, sound,
or other material contained in either sponsor advertisements or emails
presented to Member by The Service or The Service's Advertisers
(collectively referred to as "Content"), is protected under
the laws of copyright, trademark, patent, unfair competition or other
applicable laws. Therefore, you are only permitted to use this Content
as expressly authorized by The Service or the Advertisers associated
with The Service. Members
may not copy, reproduce, distribute, or create derivative works from
this Content without the express written authorization to do so by the
The Service or The Service's Advertisers. GOVERNING LAW All matters relating to your access to, or use of,
the Service shall be governed by U.S. federal law or the laws of the
State of Kansas, excluding that body of laws known as conflicts of laws.
If any provision of this Agreement is invalid or unenforceable under
applicable law, it is, to that extent, deemed omitted and the remaining
provisions will continue in full force and effect. Any notices related
to this agreement need to be given in writing to one another at our
address below, or any new address that is given in such a notice. DISPUTE RESOLUTION The
parties will attempt in good faith to resolve through negotiation any
dispute, claim, or controversy arising out of or relating to this
Agreement or breach, termination, enforcement, interpretation or
validity thereof. If the
Dispute is not resolved through verbal and written communications, the
matter will be submitted to American
Arbitration Association, or its successor, for arbitration. Any
Dispute submitted to arbitration shall be determined by arbitration in
Wichita, KS, USA before a sole arbitrator, in accordance with the laws
of the State of Kansas. The language of the arbitration shall be
English. The arbitration shall be administered by American
Arbitration Association pursuant to its Comprehensive Arbitration
Rules and Procedures. Except with respect to a party's indemnification
obligations, the arbitrator will have no authority to award punitive
damages or any other damages not measured by the prevailing party's
actual damages, and may not, in any event, make any ruling, finding or
award that does not conform to the terms and conditions of this
Agreement. Judgment on the arbitration award ("Award") may be
entered in any court having jurisdiction. The arbitrator shall, in the
Award, allocate all of the costs of the arbitration, including the fees
of the arbitrator and the reasonable attorneys' fees of the party that
primarily prevails, against the party who that did not primarily
prevail. This agreement is the entire understanding between
you and NEXTSTOPONLINE.COM
AND/OR THE HOMETOWN JOURNAL, Breaktime Publications, Digital Creek
Studios, L.L.C. and its affiliates. Digital Creek Studios, L.L.C., Breaktime Publications, NextStopOnline.com and the Hometown Journal are located at: 108 E. Murdock, Wichita, KS 67203 • Phone: 316-775-2921
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